Land Use & Regulation
Zoning, permitting denials, and regulations that strip economic value from real property.
What this case is really about
Not every regulation is a taking, but some go too far. When a regulation deprives property of substantially all economically viable use, or unreasonably interferes with investment-backed expectations, it becomes compensable — and often correctable through administrative appeal.
Owners in these situations
- Developers whose entitlements or permits are denied or conditioned into infeasibility
- Owners denied Coastal Zone Management approvals
- Property owners facing down-zonings or overlay districts that gut value
- Landowners whose parcels have been rendered unbuildable by new regulation
Regulatory takings framework
We litigate both per se takings (Lucas) and partial regulatory takings under the Penn Central balancing test — economic impact, interference with investment-backed expectations, and the character of the government action.
Administrative and appellate work
Board of Zoning Appeals, planning commission, and Coastal Zone Management appeals. We build the administrative record with an eye to the courthouse — because the record you make below decides the case above.
Ripeness is a trap
Federal and state regulatory takings claims require a final decision from the regulator before ripeness attaches. Filing too early gets a good case dismissed. We time claims correctly.
A trial-ready process, start to finish
Regulatory Audit
We map every applicable ordinance, overlay, and permit condition against your intended use.
Build the Record
Applications, denials, staff comments, and hearing transcripts — we assemble the file the court will see.
Administrative Appeal
Most matters are won or lost at the BZA, planning commission, or CZM level. We prepare and try the hearing.
Takings Claim
When administrative remedies are exhausted, we file the inverse or takings action in circuit court.
Signals it's time for counsel
Any one of these means the clock is running. Early counsel almost always improves the outcome — and sometimes preserves rights that would otherwise be lost entirely.
Request a Consultation- 01A permit or entitlement was denied or conditioned so heavily the project is no longer viable
- 02A new ordinance, overlay, or moratorium has stripped the value of your parcel
- 03You need to preserve rights at a BZA, planning, or CZM hearing this month
- 04A regulator is treating your parcel differently than similarly situated neighbors
Frequently asked
Must I exhaust administrative remedies first?
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Usually yes. Regulatory takings claims typically require a final decision from the regulator before ripeness attaches.
Can we challenge the ordinance itself?
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Sometimes. Facial and as-applied challenges each have different requirements — we evaluate both at intake.
Ready to discuss your land use & regulation matter?
Initial consultations are confidential and without obligation. Bring the notice, offer, or letter that brought you here — we'll tell you what we see.
Other practice areas
Eminent Domain
Direct condemnation by state, federal, or quasi-public entities for roads, utilities, pipelines, and infrastructure.
Inverse Condemnation
When government action takes or substantially damages property without formal condemnation.
Property Valuation
Highest-and-best-use analysis, before-and-after valuation, and cross-examination of opposing appraisers.
Real Estate Disputes
Title, boundary, easement, and restrictive covenant litigation affecting the value or use of real property.